us-uspto-mpep-archived-e3r20_1300•1300
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# Chapter 1300 Allowance and Issue 1301 Substantially Allowable Case, Special 1302 Final Review and Preparation for Issue 1302.01 General Review of Disclosure 1302.01 (a) Fee Exempt Application 1302.02 Requirement for a Rewritten Specification 1302.03 Status Letter of Allowability, POL-327 1302.04 Examiner's Amendments and Changes 1302.04 (a) Title of Invention 1302.04 (h) Cancelation of Non-Statutory Claim 1302.04(c) Cancellation of Claims to Non-Elected Invention 1302.04 (đ) Cancellation of Claims Lost in Interfer- ence 1302.04 (e) Cancellation of Rejected Claims Follow- ing Appeal 1302.04 (f) Data of Copending Application Referred to Should Be Brought up to Date 1302.04 (g) Identification of Claims 1302.05 Correction of Drawing 1302.06 Prior Foreign Application 1302.07 Use of Retention Labels to Preserve Aban- doned Companion Applications 1302.08 Interference Search 1302.09 Notations on File Wrapper 1302.10 Notations on Drawings and on Classification ( Issue) Slip 1302.11 Reference to Assignment Branch 1302.12 Listing of References 1302.13 Signing 1303 Notice of Allowance 1303.01 Amendment Received after Allowance 1303.02 Undelivered 1303.03 Not Withheld Due to Death of Inventor 1304 Withholding From Issue of "Secrecy Order" Cases 1304.01 Amendments After D-10 Notice 1305 Jurisdiction 1306 Public Law 650 Cases 1307 Change in Classification of Cases Which are in Issue 1308 Withdrawal From Issue 1308.01 Rejection After Allowance 1308.02 For Interference Purposes 1300 Issue of Patent 1309.01 "Printer Waiting" Cases 1309.02 Protest Against Issue ## 1301 Substantially Allowable Case, Special When an application is in condition for al- lowance, except as to matters of form, the case will be considered special and prompt action taken to require correction of formal matters. See 710.02(b) paragraph (a). ## 1302 Final Review and Preparation for Issue 1302.01 General Review of Disclosure [R-18] When an application is apparently ready for allowance, it should be reviewed by the Ex- aminer to make certain that the whole case meets all formal requirements and particularly that the brief summary of the invention and the descriptive matter are confined to the in- vention to which the allowed claims are di- rected and that the language of the claims finds clear support or antecedent basis in the specification. Neglect to give due attention to these matters may lead to confusion as to the scope of the patent. Frequently the invention as originally de- scribed and claimed was of much greater scope than that defined in the claims as allowed. Some or much of the subject matter disclosed may be entirely outside the bounds of the claims accepted by the applicant. In such case the Examiner should require the applicant to modify his brief summary of the invention and restrict his descriptive matter so as to be in harmony with the claims. However valu- able for reference purposes the Examiner may consider the matter which is extraneous to the claimed invention, patents should be confined in their disclosures to the respective inventions patented. (Rule 71.) Of course enough back- ground should be included to make the inven- tion clearly understandable. See 608.01 (d) and 608.01 (e). There should be clear support or antecedent basis in the specification for the terminology used in the claims. Usually the original claims follow the nomenclature of the specification ; but sometimes in amending the claims or in adding new claims, applicant employs terms that do not appear in the specification. This may result in uncertainty as to the interpreta- tion to be given such terms. See 608.01(0). Where a copending application is referred to in the specification. the Examiner should as- certain whether it has matured into a patent or become abandoned and that fact or the pat- ent number added to the specification. <!-- PageFooter="Rev. 18. Oct. 1968" --> <!-- PageBreak --> <!-- PageHeader="ALLOWANCE AND ISSUE" --> ### 1302.01 (a) The claims should be renumbered as required by Rule 126, and particular attention should be given to claims dependent on previous claims to see that the numbering is consistent. See 608.01 (j) and 608.01 (n). The abstract should be checked for an ade- quate and clear statement of the disclosure. See section 608.01 (b). The title should also be checked. It should be as short and specific as possible. If a satis- factory title is not supplied by the applicant. the Examiner may change the title on or after allowance. See 606 and 606.01. All pencil notes made by the Examiners must be erased when the case is passed to issue. ### 1302.01(a) Fee Exempt Application See 607.01 for checking specification to assure presence of proper stipulation by applicant. ### 1302.02 Requirement for a Rewritten Specification [R-18] Whenever interlineations or cancellations have been made in the specification or amend- ments which would lead to confusion and mis- take, the Examiners should require the entire portion of specification affected to be rewritten before passing the case to issue. See Rule 125 in 608.01 (q). ## 1302.03 Status Letter of Allowability, POL-327 [R-18] This letter is used whenever an application under final rejection has been placed in condi- tion for allowance as a result of a communica- tion from or an interview with applicant. The date of the communication or interview which resulted in the allowance and the name of the person with whom the interview, if any, was held should be included in the letter. Immediately after determining that a POL 327 letter is necessary, the letter should be ef- fected before preparing the application for allowance. See 714.13. ## 1302.04 Examiner's Amendments and Changes [R-18] Except by formal amendment duly signed or as hereinafter provided, no corrections, era- sures, or interlineations may be made in the body of written portions of the specification or any other paper filed in the application for patent. (See Rule 121.) Correction of the following obvious errors and omissions only may be made with pen by the Examiner of the case who will then initial the sheet margin and assume full responsibility for the change. When correcting originally filed papers, clean red ink must be used (not blue or black ink) . 1\. Misspelled words. 2\. Disagreement of a noun with its verb. 3\. Inconsistent "case" of a pronoun. 4\. Disagreement between a reference charac- ter as used in the description and on the draw- ing. The character may be corrected in the description but only when the Examiner is certain of the propriety of the change. 5\. Entry of "now Patent No. ____ " to iden- tify a patent which has been granted on a U.S. application referred to by Serial No. in the specification. 6\. Other obvious minor grammatical errors such as misplaced or omitted commas, improper parentheses, quotation marks, etc. 7\. Obvious informalities in the application, other than the ones noted above, or of purely grammatical nature. The fact that applicant is entitled under 35 U.S.C. 120 to an earlier U.S. effective filing date is sometimes overlooked. To minimize this possibility, the statement that, "This is a division (continuation, continuation-in-part) of Application Serial No. ____ , filed should appear as the first sentence after the ab- stract except in the case of design applications where it should appear as set forth in Sec. 1503.01. Any such statements appearing else- where in the specification should be relocated. The clerk indicates the change for the printer in the appropriate margin when checking new applications for matters of form. Other obvious informalities in the applica- tion may be corrected by the Examiner, but such corrections must be by a formal Exam- iner's Amendment, signed by the Primary Ex- aminer, placed in the file, and a copy sent to the applicant. The changes specified in the amendment are entered by the clerk in the reg- ular way. The amendment or cancellation of claims by formal Examiner's Amendment is permitted when passing an application to issue where these changes have been authorized by appli- cant (or his representative) in a telephone or personal interview. The Examiner's Amend- ment should indicate that the changes were authorized, the date and type (personal or telephone) of interview, and with whom it was held. A change in the abstract may be made by Examiner's Amendment. <!-- PageFooter="Rev. 18, Oct. 1968" --> <!-- PageBreak --> <!-- PageHeader="ALLOWANCE AND ISSUE" --> 1302.07 In reviewing the application all errors should be carefully noted. It is not necessary that the language be the best; it is, however, essential that it be clear in meaning, and free from errors in syntax. Any necessary Ex- aminer's Amendment is usually made at the time a case is being prepared for issue by the Examiner. However, the need for such may not be noted until after the proof of the patent is read and the case is sent up to the Examiner with a "printer waiting" slip (Form PO-97). A copy of any formal amendment is sent to ap- plicant even if the application is already in the printer's hands. Examiners will not cancel claims on the basis of an amendment which argues for certain claims and, alternatively, purports to authorize their cancellation by the Examiner if other claims are allowed. [R-17] ### 1302.04(a) Title of Invention Where the title of the invention is not spe- cific to the invention as claimed, see 606.01. ### 1302.04(b) Cancellation of Non-Stat- utory Claim [R-17] When a case is otherwise in condition for allowance the Examiner may cancel an obvi- ously non-statutory claim such as one to "A device substantially as shown and described." Applicant should be notified of the cancella- tion of the claim by an Examiner's Amend- ment. ### 1302.04(c) Cancellation of Claims to Non-Elected Invention See 821.01 and 821.02. ### 1302.04(d) Cancellation of Claim Lost in Interference See 1109.02. ### 1302.04(e) Cancellation of Rejected Claims Following Appeal See 1214.06, 1215.03, and 1215.04. 1302.04(f) Data of Copending Ap- plication Referred to Should Be Brought Up to Date [R-17] Where a patent application which is ready for issue refers by serial number to a U.S. application which has matured into a patent, the Examiner is authorized to enter the patent number without a formal Examiner's Amend- ment. This entry should be in the following form : "now Patent No. ____. " This entry is to be initialed in the margin by the Examiner to fix responsibility for the same. The entry and the initials should be in red ink. If the application referred to has become abandoned, the entry "and now abandoned" should be made by a formal Examiner's Amendment. ## 1302.04(g) Identification of Claims [R-17] To identify a claim, a formal Examiner's Amendment should refer to it by the original number and, if renumbered in the allowed ap- plication, also by the new number. ## 1302.05 Correction of Drawing [R-17] Where a case otherwise ready for issue re- quires correction of the drawing, the Exam- iner, before sending the file to the Draftsman, should attach thereto a slip indicating that the case is ready for allowance. Slight defects may be corrected on the Examiner's initiative as set forth in 608.02(w) and a formal Ex- aminer's Amendment prepared. Correction of some slight defects may be obviated, see 608.02-"Waiving of Corrections". ## 1302.06 Prior Foreign Application See 201.14(c) and 202.03. ## 1302.07 Use of Retention Labels To Preserve Abandoned Com- panion Applications [R-17] Rule 13(b). Except as provided in Rule 11 (b) abandoned applications are likewise not open to public inspection, except that if an application referred to in a United States patent is abandoned and is available, it may be inspected or copies obtained by any person on written request, without notice to the applicant. Abandoned applications may be destroyed after twenty years from their filing date, except those to which par- ticular attention has been called and which have been marked for preservation. Abandoned applications will not be returned. Related applications referred to in patent specifications are preserved from destruction by a retention label ( Form PO-150) which is attached to the outside of the file wrapper. The <!-- PageFooter="Rev. 17, July 1968" --> <!-- PageBreak --> <!-- PageHeader="1302.08" --> <!-- PageHeader="MANUAL OF PATENT EXAMINING PROCEDURE" --> Final Review Clerk of the Group prepares such a label for use as indicated below on each appli- cation (which has not become a patent) which is referred to in the specification or oath of the application ready for allowance (or in any Office letter therein). If the case referred to is Still pending: Fill in and paste label on the face of the pending file wrapper in the space provided. Make no change in specification of the allow- able application. Abandoned for failure to pay issue fee: If file has been forwarded fill in label and send it to Abandoned Files for attachment to the wrapper. If not forwarded treat the same as pending case. If the period for filing a petition for delayed payment has expired, make Examiner's Amendment adding "now abandoned" in the allowable application. If period has not expired, make no change in specification of the allowable application. Abandoned : If file has been forwarded fill in label and send it to Abandoned Files for attachment to the wrapper. If not forwarded treat the same as pending case. Make Examiner's Amendment, adding "now abandoned" in the allowable application. Already patented : No label is required. Insert patent num- ber in specification if not already present. Formal Examiner's Amendment not neces- sary if this is only change. In issue : Fill in label. Make no change in the speci- fication of the allowable application. Clip the label to the Serial Register card of the case in issue. If case in issue is abandoned or is withdrawn from issue, it is returned to the Group, where the Serial Register card is pulled. The label is attached at this time. If case in issue is patented, the label is de- stroyed when the card is pulled. Examiners are reminded that only one re- tention label is necessary. Thus, if a retention label is already present, it is sufficient to merely add "et al." to the Serial Number cited thereon. [R-18] ## 1302.08 Interference Search [R-17] Assuming that the case is found ready for issue, the Examiner makes an "interference search" and notes the date and class and sub- classes searched in the file wrapper. To do this, he inspects all the pending prints and drawings (or all the digests if the invention is not suscep- tible of illustration) in the relevant subclasses of the class in which the application is classified, and all other pertinent classes, whether in his group or elsewhere, in order to ascertain whether any other applicant is claiming sub- stantially the same subject matter as is being allowed in the case in hand. When any of the drawings or digests shows such a condition to be likely, he examines the corresponding file. If the search does not disclose any interfer- ing application, the Examiner should prepare the case for issue. ## 1302.09 Notations on File Wrapper [R-18] The Examiner preparing the application for issue fills out, in black ink. the appropriate spaces on the face of the file wrapper. To aid workers in the Printing Office and the Issue and Gazette Branch, Examiners should write the class and subclass on the outside of the file wrapper as carefully and legibly as possible. Each numeral should be distinct and any deci- mal point should be shown clearly and in its proper position. In all instances where the application con- tains an abstract when sent to issue, the abstract will be published in the Offical Gazette instead of a claim. In these cases the Examiner should strike through the words "Print claim(s)" on the file wrapper. See 608.01 (b). In applications containing no abstract, Examiners should ordinarily designate but one claim on each invention to be published in the Official Gazette in connection with each orig- inal or reissued patent. The broadest claim should be selected. When a plurality of in- ventions are claimed in an application, addi- tional claims to a maximum of five may be designated for publication. Spaces are provided on the file wrapper for identifying data of a prior abandoned applica- tion for which the instant application is a Sub- stitute, and for the parent application (s) and prior foreign application (s) meeting the re- quirements of the Statutes. The class and subclass and the name of the Examiner which are written in pencil on the file wrapper should correspond to the class and sub- class in which the patent will issue and to the name of the Examiner preparing the applica- tion for issue. See 202.02 for notation as to parent or prior U.S. application to be placed on file wrapper. See 202.03 for notation as to foreign patent application to be placed on file wrapper. See 1802.13 for name of Examiner. <!-- PageFooter="Rev. 18, Oct. 1968" --> <!-- PageBreak --> <!-- PageHeader="1302.13" --> <!-- PageHeader="ALLOWANCE AND ISSUE" --> # 1302.10 Notations on Drawings and on 1302.12 Listing of References [R- Classification (Issue) Slip 20] [R-20] The class and subclass and the name of the Assistant Examiner which have been written in pencil in the upper lefthand corner of the drawing should not be erased. See section 717.03. On the margin of the first sheet of drawing, the Examiner indicates in black ink in the spaces provided by the Draftsman's stamp the figure which he selects for printing in the Official Gazette and also the final official classification of the case. Ordinarily a single figure is selected for printing. This figure should be consistent with the portion of the application to be printed in the Official Gazette. The numer- als should fill as much of the space provided as feasible. If the selected figure is not on the first sheet, the Examiner should indicate it also on the sheet where it does appear. If there is no figure illustrative of or helpful in understand- ing the claimed invention, no figure need be selected. "None" may be written after "O.G. Fig." If, through inadvertence, the stamped legend for O.G. Fig. and class and subclass appears within the margin of the drawing, the Examiner, should make the notations outside of the margins. The only date entered on the front of the drawings is the date of mailing of the Notice of Allowance, which is done by the Issue and Gazette Branch. Under current practice. the Clerk of the Examining Group does NOT enter any date when the case is "sent to issue". See sections 903.07 and 903.07 (b) for notation to be applied to the Issue Classification Slip (Form PO-270). To ensure that both copies of the slip do not become separated from the file. Examiners should affix the entire unit set to the inside left flap of the file wrapper by stapling it at the upper right hand corner, using one staple only in the space marked "cross references". It is not necessary to remove the carbon paper. The Allowed Files Unit of the Issue and Gazette Branch remove the original for use by Machine Operations Branch and leave the car- bon copy in the file for use by the printer. ## 1302.11 Reference to Assignment Branch [R-20] The practice of referring certain applications to the Assignment Branch when passing them to issue is no longer followed since title searches are automatically made in all applications after payment of the issue fee. See section 303. All references which have been cited during the prosecution, including those appearing in Board of Appeals decisions, and those submitted by applicant if they conform to the require- ments set forth in sections 707.05(b) or 708.02, will be printed in the patent. At time of allowance, the Examiner may cite pertinent art in an Examiner's Amendment. Such pertinent art should be listed as usual on form PO-892, a copy of which is attached to the Examiner's Amendment form POL-37. Such pertinent art is not sent to the applicant. Such citation of art is important in the case of continuing applications where significant prior art is often of record in the parent case. In the rare instance where no art is cited in a continua- tion application, all the references cited during the prosecution of the parent application will be listed at allowance for printing in the patent. See sections 707.05 and 707.05 (a). When preparing an application for allow- ance, the "final review" clerk will verify that there is at least one list of references (PO-892) in the application. All lists of references are maintained in the center section of the file wrap- per with the first being on top. In the first action after termination of an in- terference, the Examiner should make of record in each application all references not already of record which were pertinent to any motions to dissolve and which were discussed in the deci- sion on motion. In any case, otherwise ready for issue, in which the erroneous citation has not been for- mally corrected in an official paper, the Exam- iner is directed to correct the citation by an Examiner's Amendment. See section 707.05 (g). Any new reference cited when the case is in issue. under the practice of section 1308.01, should be added by way of a PO-892. ## 1302.13 Signing [R-18] The Primary Examiner and the Assistant Examiner involved in the allowance of an ap- plication will print or stamp their names on the file wrapper in place of their signatures. Each Examiner shall place his initials after his printed or stamped name. A Primary Exam- iner who prepares an application for issue him- self prints or stamps his name and initials the file wrapper only in the "Primary Examiner" space. A line should be drawn through the "Assistant Examiner" box to make it clear that the absence of a name in the box was not an oversight. <!-- PageFooter="Rev. 20. Apr. 1969" --> <!-- PageBreak --> 1303 <!-- PageHeader="MANUAL OF PATENT EXAMINING PROCEDURE" --> Only the names of the Primary Examiner and the Assistant Examiner appearing on the face of the application file wrapper will be listed in the printed patent. ### 1303 Notice of Allowance The appropriate form of notice of allowance is used and the mailing date appearing thereon is stamped on the file wrapper by the Issue and Gazette Branch. ### 1303.01 Amendment Received After Allowance [R-20] If the amendment is filed under Rule 312, see sections 714.15 to 714.16(e). If the amend- ment contains claims copied from a patent, see section 1101.02(g). #### 1303.02 Undelivered [R-20] In case a notice of allowance is returned, and a new notice is sent (see section 707.13), the date of sending the notice must be changed in the file to agree with the date of such remailing. #### 1303.03 Not Withheld Due to Death of Inventor [R-20] The notice of allowance will not be withheld due to death of the inventor if the executor or administrator has not intervened. See section 409.01 (f). #### 1304 Withholding From Issue of "Se- crecy Order" Cases [R-20] "Secrecy Order" cases are not sent to issue even when all of the claims have been allowed. Instead of mailing an ordinary notice of allow- ance a D-10 Notice is sent. See section 107.02. If the "Secrecy Order" in a case is with- drawn after the D-10 notice is mailed, the case should then be treated like an ordinary appli- cation in condition for allowance. #### 1304.01 Amendments After D-10 No- tice [R-20] For amendments received after D-10 Notice, see section 107.02. #### 1305 Jurisdiction [R-18] Jurisdiction of the application remains with the Primary Examiner until the notice of allow- ance is mailed by the Issue and Gazette Branch. However, the Examiner may make Examiner's amendments correcting obvious errors, as, when brought to the attention of the Examiner by the printer, and also may admit amend- ments under Rule 312 which are confined to matters of form in specification or claims, or to the cancellation of a claim or claims. The Examiner's action on other amendments under Rule 312 consists of a recommendation to the Commissioner. To regain jurisdiction over the case, the Ex- aminer must write a letter to the Commissioner requesting it. See sections 1112.04, 1308, and 1308.02. Once the patent has been granted, the Patent Office can take no action concerning it except as provided in 35 U.S.C. 135 and 35 U.S.C. 251 through 256. See chapter 1400. 1306 Issue Fee [R-20] 35 U.S.C. 41 (a) 2. For issuing each original or re- issue patent, except in design cases, $100; in addition, $10 for each page (or portion thereof) of specification as printed, and $2 for each sheet of drawing. 35 U.S.C. 151. If it appears that applicant is entitled to a patent under the law, a written notice of allowance of the application shall be given or mailed to the appli- cant. The notice shall specify a sum, constituting the issue fee or a portion thereof, which shall be paid with- in three months thereafter. Upon payment of this sum the patent shall issue, but if payment is not timely made, the application shall be regarded as abandoned. Any remaining balance of the issue fee shall be paid within three months from the sending of a notice there- of, and. if not paid. the patent shall lapse at the ter- mination of this three-month period. In calculating the amount of a remaining balance, charges for a page or less may be disregarded. If any payment required by this section is not timely made, but is submitted with the fee for delayed pay- ment within three months after the due date and suffi- cient cause is shown for the late payment, it may be accepted by the Commissioner as though no abandon- ment or lapse had ever occurred. The Patent Office has discontinued the prac- tice of estimating the number of printed pages of specification in advance of printing. Instead, a Minimum Issue Fee is due three months from the date of the Notice of Allowance. The amount of the Minimum Issue Fee is shown on the No- tice of Allowance and consists of $100 plus $10 for the first page of printed specification plus $2 for each sheet of drawing. After the patent is printed, if an additional fee is required, a Notice of Balance of Issue Fee Due will be attached to the patent when mailed. Failure to pay this balance within three months from the date of the Notice thereof will result in lapse of the patent. <!-- PageFooter="Rev. 20, Apr. 1960" --> <!-- PageBreak --> <!-- PageHeader="1308.01" --> <!-- PageHeader="ALLOWANCE AND ISSUE" --> Applicants and their attorneys or agents are urged to use the special fee transmittal forms provided with the Notice of Allowance and the Notice of Balance of Issue Fee Due when sub- mitting their payments. The payment of the balance of issue fee due may be simplified by using a Patent Office de- posit account for such a fee. A statement, in duplicate, at the time of payment of the mini- mum issue fee, indicating that applicant's or attorney's deposit account may be billed for the balance of the issue fee will be considered as sufficient authorization to make such a payment. The above mentioned fees will not be accepted from anyone other than the applicant, attorney, agent or a party in interest as shown by the rec- ords of the Patent Office. # 1307 Change in Classification of Cases Which Are in Issue [R-20] See section 903.07 # 1308 Withdrawal From Issue [R-20] Rule 313. Withdrawal from issue. After the notice of allowance of an application is sent, the case will not be withdrawn from issue except by approval of the Commissioner, and if withdrawn for further action on the part of the Office, a new notice of allowance will be sent if the application is again allowed. When the issue fee or that portion thereof specified in the notice of allowance has been paid. and the patent to be issued has received its date and number, the application will not be withdrawn from issue on account of any mistake or change of purpose of the applicant, his attorney or his agent, nor for the purpose of enabling the inventor to procure a foreign patent, nor for any other reasons except mistake on the part of the Office, or because of fraud or illegality in the application, or for interference. Express abandon- ment of the application (rule 138) may not be recog- nized by the Office unless it is actually received by appropriate officials in time to act thereon before the date of issue. If the applicant wishes to have the case withdrawn from issue, he must petition the Commissioner. Withdrawal is permitted only for the reasons stated in the rule. For with- drawal procedure by Examiner see section 1308.02. # 1308.01 Rejection After Allowance [R-18] A claim noted as allowable shall thereafter be rejected only with the approval of the Pri- mary Examiner. Great care should be exer- cised in authorizing such rejection. See sec- tion 706.04. When a new reference is discovered, which obviously is applicable to one or more of the allowed claims in an application in issue, and where a sufficient portion of the statutory pe- riod for payment of the issue fee remains, the Examiner is authorized to enter a letter in- forming applicant of the proposal of request- ing withdrawal from issue for the purpose of <!-- PageFooter="Rev. 20, Apr. 1969" --> <!-- PageBreak --> <!-- PageHeader="ALLOWANCE AND ISSUE" --> 1309.02 rejecting the claim or claims as fully met by, or obviously unpatentable over the new ref- erence. The letter should apply the reference in detail and should also set a time limit (within such statutory period), within which applicant may respond by way of argument or amendment under Rule 312 to overcome the reference and avoid the necessity for with- drawal from issue. Such a letter, with the reference and file, should be submitted to the Group Director before mailing. If insufficient time remains to carry out the above, or if no response is received, or if a response is filed and it fails to overcome the reference, or if the above appears fruitless, a letter is addressed to the Group Director, re- questing that the application be withdrawn from issue for the purpose of applying the new reference. This letter should cite the refer- ence, and, if need be, briefly state its applica- tion. The letter should be submitted with the reference and the file wrapper. Upon ap- proval of this request, the letter is taken to the Issue and Gazette Branch and the application is stamped "Withdrawn" over the name stamp and initials of the Primary Examiner. It is then returned to the group from which it came; the withdrawal from the issue is entered on the register, and the application is thus restored to its former status as a pending application awaiting action by the Examiner. The Exam- iner at once writes a letter in the case stating that the application has been withdrawn from issue, citing the new reference. and rejecting the claims met thereby. The letter is given a paper number and placed in the file. If the Examiner's proposed action is not ap- proved. the letter requesting withdrawal from issue should not be placed in the file. # 1308.02 For Interference Purposes It may be necessary to withdraw a case from issue for reasons connected with an interfer- ence. For the procedure to be followed see 1101.01 (o) and 1112.04. # 1309 Issue of Patent [R-18] The files of allowed cases ( not patented files) are kept in the Issue and Gazette Branch, ar- ranged in the serial number order. When the Issue fee is paid within the time allowed by law, the file is given a patent number and date. The file then goes to the Assignment Branch for examination as to assignments after which it is sent to the Government Printing Office for printing of the specification. A bond paper copy of the drawing and specification is ribboned and sealed in the Issue and Gazette Branch and finally signed. 35 U.S.C. 155. How issued. Patents shall be issued in the name of the United States of America, under the seal of the Patent Office, and shall be signed by the Commissioner or have his signature placed thereon and attested by an officer of the Patent Office desig- nated by the Commissioner, and shall be recorded in the Patent Office. In accordance with the Commissioner's No- tice of July 2, 1952 (661 O.G. 13) various officials including the head of the Issue and Gazette Branch have been designated as attest- ing officer to attest to the name of the Commis- sioner. The assistant head of the Issue and Gazette Branch acts as attesting officer in the absence or unavailability of the head of the branch. # 1309.01 "Printer Waiting" Cases [R-18] After printing of the specification the proof is read by employees of the Government Print- ing Office. Where apparent error is found, the file with the proof is transmitted to the Exam- iner, attention being called on an attached "printer waiting" slip to the supposed errors. All "printer waiting" cases must receive im- mediate attention and be returned to the Issue and Gazette Branch as soon as possible (pref- erably within three hours). If the Examiner concurs in the criticisms. the errors should, if possible, be corrected in clean red ink and initialed or be corrected by Examiners' amendment. See section 1302.04. If the required correction cannot be cured by Examiner's amendment, the application may have to be withdrawn from issue. This may sometimes be avoided if the attorney or his representative is in Washington. In such cases, he should be called in immediately, and the error may perhaps be corrected by amend- ment under Rule 312. If the Examiner finds the specification cor- rect as it stands, he endorses the slip to that effect. After correction or checking, the application file and proof should be promptly returned to the Issue and Gazette Branch. # 1309.02 Protest Against Issue [R- 18] Rule 201. Protests to the grant of a patent. The patent statutes do not provide for opposition to the <!-- PageFooter="Rev. 18, Oct. 1968" --> <!-- PageBreak --> <!-- PageHeader="1309.02" --> # MANUAL OF PATENT EXAMINING PROCEDURE grant of a patent on the part of the public. Protests to the grant of a patent are ordinarily merely ac- knowledged, and filed after being referred to the ex- aminer having charge of the subject matter involved for his information. When a protest is filed against the issuance of a patent the same shall, after consideration by the Examiner, be forwarded to the Group Director and shall not be entered in the file of the application to which it refers. <!-- PageFooter="Rev. 18, Oct. 1968" --> <!-- PageFooter="U. S. GOVERNMENT PRINTING OFFICE : 1968 O - 322-987" -->
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